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STATE v. AVELAR

No. 24020.

979 P.2d 648 (1999)

132 Idaho 775

STATE of Idaho, Plaintiff-Respondent v. Antonio AVELAR, Defendant-Appellant.

Supreme Court of Idaho, Boise, November 1998 Term.

Rehearing Denied July 7, 1999.

Attorney(s) appearing for the Case

Nevin, Herzfeld & Benjamin, Boise, for appellant. Dennis K. Benjamin argued.

Hon. Alan G. Lance, Attorney General; Kenneth K. Jorgensen, Deputy Attorney General, Boise, for respondent. Kenneth K. Jorgensen argued.

WALTERS, Justice.

This is an appeal from the denial of Antonio Avelar's "Motion to Dismiss or, in the Alternative, For A New Trial," which was brought after this Court upheld his conviction for delivery of a controlled substance. We affirm the district court's denial of Avelar's motion.

BACKGROUND AND PRIOR PROCEEDINGS

A jury found Avelar guilty of delivery of a controlled substance (cocaine) on March 1, 1991. The Court of Appeals reversed, State...

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